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CRIMINAL LAW AMENDMENT ACT 1912

CRIMINAL LAW AMENDMENT ACT 1912 - LONG TITLE

An Act to amend the Criminal Law Amendment Act, 1885, the Vagrancy
Act, 1898, and the Immoral Traffic (Scotland) Act, 1902.
[13th December 1912]
Power to arrest without warrant persons offending against 1885 c.69.

CRIMINAL LAW AMENDMENT ACT 1912 - SECT 1

1. A constable may take into custody without a warrant any person
whom he shall have good cause to suspect of having committed, or
of attempting to commit, any offence against section two of the
Criminal Law Amendment Act, 1885 (which relates to procuration and
attempted procuration).

S.2 amends s.2 of 1885 c.69. S.3 rep. by 1968 c.29 (NI) s.35(3)
sch.5 Pt.II. S.4(1) amends s.13 of 1885 c.69; subs.(2)(3) rep. by
1923 c.8 (NI) s.4(2) sch.

CRIMINAL LAW AMENDMENT ACT 1912 - SECT 5
Determination of tenancy of premises on conviction for permitting use
as brothel, &c.

5.(1) Upon the conviction, after the passing of this Act, of the
tenant, lessee, or occupier of any premises of knowingly permitting
the premises, or any part thereof, to be used as a brothel, the
landlord or lessor shall be entitled to require the person so
convicted to assign the lease or other contract under which the
said premises are held by him to some person approved by the
landlord or lessor, which approval shall not be unreasonably
withheld, and, in the event of the person so convicted failing
within three months to assign the lease or contract as aforesaid,
the landlord or lessor shall be entitled to determine the lease or
other contract but without prejudice to the rights or remedies of
any party to such lease or contract accrued before the date of
such determination. If the landlord or lessor should so determine
the lease or other contract of tenancy, the court which has
convicted the tenant, lessee, or occupier shall have power to make
a summary order for delivery of possession to the landlord or
lessor.

(2) If the landlord or lessor after such conviction has been
brought to his notice fails to exercise his rights under the
foregoing provisions of this section and subsequently during the
subsistence of the lease or contract any such offence is again
committed in respect of the premises, the landlord or lessor shall
be deemed to have knowingly aided or abetted the commission of that
offence, unless he proves that he had taken all reasonable steps to
prevent the recurrence of the offence.

(3) Where a landlord or lessor determines a lease or other contract
under the powers conferred by this section and subsequently grants
another lease or enters into another contract of tenancy to, with,
or for the benefit of the same person without causing to be
inserted in such lease or contract all reasonable provisions for the
prevention of a recurrence of any such offence as aforesaid, he
shall be deemed to have failed to exercise his rights under the
foregoing provisions of this section, and any such offence as
aforesaid committed during the subsistence of the subsequent lease or
contract shall be deemed, for the purposes of this section, to have
been committed during the subsistence of the previous lease or
contract.

(4) A person quitting premises in Ireland held by him under a
lease or contract which has been determined in pursuance of this
Act shall not be entitled to compensation under the Town Tenants
(Ireland) Act, 1906 [or under the Business Tenancies Act (Northern
Ireland) 1964].(2) The period of imprisonment ... which may be
awarded to a person deemed to be a rogue and vagabond under the
Vagrancy Act, 1898, ... shall be increased to six months ... Save
as aforesaid, nothing in this subsection shall affect the powers of
a court of summary jurisdiction to deal with a person deemed to be
a rogue and vagabond under the Vagrancy Act, 1898, anything in any
other Act to the contrary notwithstanding.

(3) The Vagrancy Act, 1898, as amended by this section shall extend
to Ireland with this modification, that for the words "be deemed a
rogue and vagabond within the meaning of the Vagrancy Act, 1824,
and be liable to be dealt with accordingly" there shall be
substituted the words "be liable on summary conviction to
imprisonment for a term not exceeding six months ...".

(4) Every female who is proved to have, for the purposes of gain,
exercised control, direction, or influence over the movements of a
prostitute in such a manner as to show that she is aiding,
abetting, or compelling her prostitution with any person, or
generally, shall be guilty of an offence under the Vagrancy Act,
1898, ..., and those Acts as amended and extended by this section
shall apply accordingly.

(5) A person charged with an offence under the Vagrancy Act, 1898,
... may, instead of being proceeded against in ... Ireland
summarily, be proceeded against on indictment, and on conviction on
indictment shall be liable to imprisonment, ... for a term not
exceeding two years, ....

Subs.(6) rep. by 1923 c.9 (NI) s.5(4) sch.2

S.8 rep. by SLR 1927

CRIMINAL LAW AMENDMENT ACT 1912 - SECT 9
Short title.

9. This Act may be cited as the Criminal Law Amendment Act, 1912;
and the Criminal Law Amendment Act, 1885, and this Act may be
cited together as the Criminal Law Amendment Acts, 1885 to 1912.